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Home My WebLink AboutCC RES 09-61RESOLUTION NO. 09- 61 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, AS LEGISLATIVE BODY OF THE CITY OF PALM DESERT COMMUNITY FACILITIES DISTRICT NO. 2005-1 (UNIVERSITY PARK), DECLARING ITS INTENTION TO REMOVE CERTAIN DELINQUENT SPECIAL TAXES FROM THE COUNTY TAX ROLL AND ORDERING JUDICIAL FORECLOSURE PROCEEDINGS AGAINST CERTAIN DELINQUENT PROPERTY WITHIN THE COMMUNITY FACILITIES DISTRICT RECITALS: WHEREAS, the City Council (the "City Council") of the City of Palm Desert (the "City"), located in Riverside County, California (hereinafter sometimes referred to as the "legislative body of the District"), has heretofore pursuant to Resolution No. 06-6 adopted on January 12, 2006, formed the City of Palm Desert Community Facilities District No. 2005-1 (University Park) (the "District") pursuant to the Mello -Roos Community Facilities Act of 1982, as amended, being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California (the "Act"), to finance certain public facilities which the District is authorized to finance; and WHEREAS, pursuant to Resolution Nos. 06-8 and 06-9 adopted by the legislative body of the District on January 12, 2006, certain bond propositions and a proposition to levy a special tax within the District, among other things, were submitted to the qualified electors within the District, and were approved by more than two-thirds of the votes cast at the elections held within the District on January 12, 2006; and WHEREAS, based upon Resolution Nos. 06-8 and 06-9 and the elections and in accordance with Section 53340 of the Act, the legislative body of the District adopted Ordinance No. 1107 on February 9, 2006, authorizing the levy of a special tax (the "Special Tax") on the taxable property within the District at the maximum rates described therein; and WHEREAS, based upon Resolution Nos. 06-8 and 06-9 and the elections, and pursuant to Resolution No. 06-33, adopted by the legislative body of the District on March 23, 2006, and Resolution No. 07-13, adopted by the legislative body of the District on March 8, 2007, the District issued, respectively, its Special Tax Bonds, Series 2006A, in an aggregate initial principal amount of $50,000,000, and its Special Tax Bonds, Series 2007, in an aggregate initial principal amount of $17,915,000 (collectively, the "Bonds"), pursuant to the Act to finance authorized public facilities, the repayment of which is secured by the net Special Tax received by the District, as further described in the indenture with respect to the Bonds (the "Indenture"); and WHEREAS, pursuant to Section 53356.1 of the Act, in the event of any delinquency in the payment of the Special Tax, the legislative body of the District may G:\Finance\Niamh Ortega\Resolutions\RES - Declaring Intention to Remove Delinquent Special Taxes (University Park CFD).docx • Resolution No. 09- 61 Page 2 of 4 order the institution of a superior court action to foreclose the lien of the Special Tax within specified time limits; and WHEREAS, pursuant to Resolution 06-33, Resolution 07-13, and the Indenture, the legislative body of the District has covenanted to commence judicial foreclosure proceedings when certain circumstances have occurred (the "Foreclosure Conditions"), by October 1 following the close of the Fiscal Year in which such delinquent installments of Special Tax were due, and to diligently pursue such foreclosure proceedings until such delinquent installments of Special Tax have been paid; and WHEREAS, there exist delinquent installments of the Special Tax due in Fiscal Year 2008-09 by property owners of certain parcels located within the District (the "Delinquent Parcels") and with respect to such Delinquent Parcels, the Foreclosure Conditions have occurred (the assessor parcel numbers of such Delinquent Parcels being set forth in Exhibit "A" and incorporated herein by reference); and WHEREAS, given the Foreclosure Conditions, the legislative body of the District desires to commence foreclosure proceedings against the Delinquent Parcels pursuant to Section 53356.1 of the Act in order to comply with the Indenture and to preserve the security for the Bonds. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM DESERT ACTING AS THE LEGISLATIVE BODY OF CITY OF PALM DESERT COMMUNITY FACILITIES DISTRICT NO. 2005-1 (UNIVERSITY PARK) DOES HEREBY RESOLVE AS FOLLOWS: 1. Each of the above recitals is true and correct. 2. Pursuant to Section 53356.1 of the Act, the legislative body of the District hereby orders that judicial foreclosure proceedings against the Delinquent Parcels be commenced by Richards, Watson & Gershon, A Professional Corporation (bond counsel with respect to the District), and that such foreclosure proceedings be diligently pursued until the related delinquent installments of Special Tax are paid. 3. In connection therewith, the legislative body of the District hereby declares that it is its intention remove delinquent Fiscal Year 2008-09 installments of Special Tax relating to the Delinquent Parcels from the County tax roll pursuant to Section 53356.2 of the Act and hereby authorizes Willdan Financial Services (the special tax consultant with respect to the District) to cause such removal of delinquent installments of Special Tax from the County tax roll. 4. All actions heretofore taken by the officers and agents of the City and the District with respect to the Delinquent Parcels are hereby approved, confirmed, and ratified. Each of the Mayor of the City, the City Manager of the City, and the officers and staff of the City and the District responsible for the fiscal affairs of the District are hereby authorized and directed to take any actions, and execute and deliver any and all documents as are necessary to accomplish the collection of the delinquent installments of Special Tax relating to the Delinquent Parcels. G:\Finance\Niamh Ortega\Resolutions\RES - Declaring Intention to Remove Delinquent Special Taxes (University Park CFD).docx Resolution No. 09- 61 Page 3 of 4 5. This Resolution shall take effect upon its adoption. The City Clerk of the City shall certify to the passage and adoption of this Resolution and enter it into the book of original resolutions. PASSED, APPROVED, AND ADOPTED this 27th day of August, 2009, by the following vote to wit: AYES: BENSON, FERGUSON, FINERTY, KELLY, and SPIEGEL NOES: NONE ABSENT: NONE ABSTAIN: NONE Robert A. Spiegel % Mayor ATTEST: Ra hel e D. Klassen, City Clerk Palm Desert, California G:\Finance\Niamh Ortega\Resolutions\RES - Declaring Intention to Remove Delinquent Special Taxes (University Park CFD).docx Resolution No. 09-61 EXHIBIT "A" ASSESSOR PARCEL NUMBERS OF DELINQUENT PARCELS 694-190-011 694-190-032 P6401.1032\1158546.1 A-1 City of Palm Desert ArcIMS Map Output Resolution No. 09-61 Page 1 of 1 GERALD FORD DR 0 1 JULIE 1P4 xt Ni CP:131-1d3HS 5 m APN 694-190-011 FRANK SINATRA DR V441i1AWAK144WARIONANANt4OWINIACISfiggf- MATAIA, AMMEVA4 ,4%,(1 http://cpdgis/servlet/com.esri.esrimap.Esrimap?ServiceName=City0verview_local&Client... 8/14/2009 Page 1 of 1 City of Palm Desert ArcIMS Map Output Resolution No. 09-61 GERALD FORD DR -ty 5 JULIE IPI cre rn z - APN 694-190-032 - FRANK S NATRA DR • http://cpdgis/servlet/com.esri.esrimap.Esrimap?ServiceName—City0verview_local&Client... 8/14/2009